Mennes v. Canada ( Attorney General )
T-253-98
Hargrave P.
10/11/98
10 pp.
First motion, by applicant, for reconsideration of order requiring various portions of applicant's motion record be removed-Second motion, by respondent, seeking to have originating notice of motion set aside, struck out without leave to amend-Applicant seeking to set aside Crown's refusal to provide pardon, requiring issue of pardon be referred to Supreme Court of Canada-Failing to provide specific date of decision, order he wishes to challenge-Whole proceeding abuse of process, should be struck out-Court striking out applications where proceeding so clearly improper as to be bereft of possibility of success-Much of application confusing, immaterial, concerned with unrelated events-To allow application to proceed, with disjointed application, irrelevant, speculative, clearly abusive supporting material, not only abuse of Court's procedure, but also abuse of taxpayers who contribute to support of judicial system-Applicant characterizing decision to be reviewed as ongoing refusal to exercise jurisdiction since at least September 9, 1997-Federal Court Act, s. 18.1(2) contemplating review of specific decision, with date of decision set out in application as provided for in Rules-Judicial review proceeding struck out as being abuse-Proceeding also deficient as failing to define initial decision to be reviewed or ongoing, incremental, amended decision which might form timely base on which to found judicial review proceeding-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5)-Federal Court Rules, 1998, SOR/98-106.